Readers might remember that the patent IMPROVEMENTS IN CANCER TREATMENT has been GRANTED in Australia.
On 30 April 2020 the US Patent Office issued a Final Rejection for application 20190160004 IMPROVEMENTS IN CANCER TREATMENT. Noxopharm asked for an extension of time to respond to the Examiner’s action, Harvett said that he knew the rules and that Noxopharm had waited too long to ask for the extension, and it turns out that Harvett was wrong.
The USPTO today advised that the application will be reconsidered. The patent attorney acting for Noxopharm had shown that the Examiner’s grounds for rejection had assumed that an emulsion (the prior-art) was the same as dissolution, but gently pointed out that they are completely different. Two claims have been added that make it crystal clear that the application does not fall foul of the prior art identified by the Examiner.
It is telling, in my opinion, that the Examiner has chosen to look at the application as a Docketed New Case - Ready For Examination (i.e. to reconsider everything through clear eyes), rather than reject the assertions made by Noxopharm’s patent attorney. I am not a patent expert, but FWIW I like our chances of approval.
NOX Price at posting:
30.5¢ Sentiment: Buy Disclosure: Held
